Morris v. Thomas
Illinois Supreme Court
This was a bill in chancery exhibited by the appellant against said Thomas as representative of the Bank of Illinois. The bill shows that the Bank of Illinois obtained a judgment at law against said Morris and others as his sureties, in the Gallatin Circuit Court at October term, 1843, upon which an execution was issued and levied upon certain lands of said Morris, which were not sold, and the execution returned; that afterwards a vendi. exponas issued directing the sale of…
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This was a bill in chancery exhibited by the appellant against said Thomas as representative of the Bank of Illinois. The bill shows that the Bank of Illinois obtained a judgment at law against said Morris and others as his sureties, in the Gallatin Circuit Court at October term, 1843, upon which an execution was issued and levied upon certain lands of said Morris, which were not sold, and the execution returned; that afterwards a vendi. exponas issued directing the sale of the lands, which were situate in Adams county; that one Caldwell was appointed receiver of the Bank; that the act of…
1Opinion of the CourtScates, C. J.
The offer to except to the amended answer and the depositions came too late at the trial term, when the answer and depositions had been on file near a year, and especially so, as the exceptions tendered are of a technical character, and the matters excepted to in nowise important in the determination of the equities between the parties. Of like character we regard. the exceptions to the former answer, which were disallowed by the court. The defendant may be allowed to state and insist upon principles of law, which his duty as the trustee of a fund requires him to assert for its protection;…
2Cited by5 opinions
- People v. BordeauxIllinois Supreme Court · 1909
- Brosnahan v. BrosnahanMissouri Court of Appeals · 1974
- Shays v. NortonIllinois Supreme Court · 1868
- Laughlin v. BrauerAppellate Court of Illinois · 1908
- Campion v. FriedbergAppellate Court of Illinois · 1894